Christmas Workplace Party Perils

A Cautionary Tale

At a time when workers increasingly work remotely, communicate online or use hot desks, the annual staff Christmas party is a valuable opportunity to get everyone interacting face to face.

A Christmas party is also a good way of getting staff who rarely see one another during the working week to meet, to reward staff for hard work, to celebrate the success of the past year, and to motivate employees for the year ahead.

At the same time, it is essential that reasonable steps are taken to manage the risk to the organisation's reputation, to provide an environment free from discrimination and to protect the health and safety of all involved in the Christmas party.

Small wonder then that there is a fine line between potentially permitting a situation to get out of hand, and being so risk averse that you kill the fun of the party altogether.

Here's a quick guide for employees and employers on how to avoid the potential perils of the work Christmas party.

WHEN IS A PARTY CLASSED AS A WORKPLACE EVENT?

First, in order for a business to be legally liable for events that occur at a Christmas party, it must be considered a 'workplace event'. However, this can extend beyond something which is specifically labelled an 'end of year function' or 'Christmas party', and can include something as informal as a picnic or a sporting activity - or even an unplanned and spontaneous event like an after party.

The factors that determine whether something is defined as a workplace event include:

Whether the employer sponsored or funded the event.

If the employer was involved in organising the event or issued invitations.

Whether attendance was voluntary or whether the employer expected attendance - for example, by requiring employees who did not attend to take annual leave or work instead.

If employees consider it a 'perk' of employment to attend the event.

Whether the employer benefitted from the event, for example by having the opportunity to present awards or network with clients.

SO HOW CAN THINGS GO WRONG?

Some notable mishaps from past Christmas parties include:

The dismissal of an employee for haranguing and then pushing a fully clothed co-worker into a swimming pool. That decision was upheld by the Fair Work Commission, despite noting that the employer should not have provided virtually unlimited alcohol. Another factor was that the employee was asked to leave by the general manager, but refused to do so, engaging in a physical altercation with him.

An employee urinating off a balcony on Darling Harbour onto dining patrons below was sacked for misconduct.

A formal warning was given to a police officer who used a genital piercing to open beer bottles during a party.

Another employee lost his job after faking his wife's illness to miss his own Christmas party - only to attend that of a competitor.

HOW EMPLOYEES CAN HAVE FUN AND STAY OUT OF TROUBLE

There are a few important things employees should be aware of:

What happens at the party will almost certainly not stay at the party. Quite apart from water-cooler gossip and the potential repercussions of people remembering what you said or did after that fifth glass of wine, there's also potential for humiliating photographs or embarrassing posts to be shared on social media.

Employees should set and stick to limits. Good working relationships can be quickly destroyed, and respect lost, through foolish or careless behaviour by those who have over-imbibed.

Once your reputation has been damaged, it can be incredibly difficult to repair it. Remember that you will need to see your colleagues and any other guests again - if not on Monday, certainly after the Christmas break.

Instead of overdoing the alcohol, use the party as an opportunity to network with other people in your organisation whom you may not know as well. The Christmas party should be an opportunity to have fun and form more personal connections, with a view to improving your overall work life.

WHAT EMPLOYERS MUST DO

In order to minimise any potential pitfalls from the Christmas party, employers need to know a few key things:

If a function is deemed to be a workplace event, then the employer owes a duty of care to employees. This includes being held vicariously responsible for any injuries, discrimination, harassment, or potentially for anything the employees do wrong, such as breakages.

Service of alcohol is the responsibility of the employer. Although employees should feel free to have a good time without undue restrictions, it is up to the employer to ensure that nobody is excessively intoxicated. Some employers may also wish to provide alternative transport home, such as Cabcharge vouchers.

Employers should make it clear exactly when the function starts and finishes. Setting a specific end time for the festivities assists with limiting the employer's duty of care to a finite window, after which point anything that happens at a different venue could be considered to be 'off the clock'.

Employees should be reminded that, even though the event may not be held at the workplace, the usual rules of conduct apply. This includes reminding employees of the company's sexual harassment, bullying and anti-discrimination policies.

Remind employees to be culturally sensitive, especially noting that not all people celebrate Christmas, and ensure that any gifts sanctioned at the workplace event, such as Secret Santa, are not inappropriate or offensive.

HOW TO DEAL WITH ANY MISCONDUCT

If something does go wrong at the Christmas party, it is important for employers to deal with potential misconduct swiftly and fairly in order to minimise any fallout.

Tips for Employers

The office Christmas party can be a great place to unwind, celebrate your wins and socialise with your staff and work colleagues. But unwind a little too much, or fail to act on employee’s complaints about inappropriate behaviour towards them, and your business, culture and potentially bottom line can take a big hit.